Lenders view your credit history in one of two ways—a hard inquiry or a soft inquiry (also known as a hard pull or soft pull).
We welcome and encourage open discussion on NER’s social media sites – including but not limited to our blogs, Facebook, Twitter, YouTube pages and online community forums – and look forward to any comments, blogs and articles you want to share.
All links to external websites found linked from NER’s social media sites are provided as a service and convenience to our readers. NER is not responsible for material posted to any of its social media sites and does not guarantee the content, quality, accuracy, timeliness, or suitability of their contents, nor are we liable for the content or availability of these external websites. We do not in any way endorse or recommend individuals, products, or services that may be discussed on these social media sites. NER specifically disclaims all liability for claims or damages that may result from any posting on these Sites. We accept no responsibility for the opinions and information posted on these Sites, and such opinions do not necessarily reflect the policies of NER. In no event shall we be liable to you for any decision made or action taken by you in reliance on information on these social media sites. The materials posted on our social media sites do not constitute legal, tax, or financial advice and are not a substitute for obtaining legal, tax, financial, or other professional advice.
Please be aware that once you post something online, there’s the potential for thousands (or hundreds of thousands) of people to read your words, even years from now. As a result, we suggest that you exercise caution when posting tax information on any of our social media sites and that you not disclose personal identifiable information like your location, social security number, financial information, etc.
As a guest posting content to any NER’s social media sites on the internet, you agree that you will not:
- violate any local, state, federal, and/or international laws and regulations, including but not limited to copyright and intellectual property rights laws;
- transmit any material (by uploading, posting, emailing, or otherwise) that is unlawful, disruptive, threatening, profane, abusive, harassing, embarrassing, tortuous, defamatory, obscene, libelous, hateful, an invasion of another’s privacy, or considered objectionable (whether racially, ethnically, or otherwise) at the sole discretion of NER;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- transmit any material (by uploading, posting, emailing, or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- transmit any material (by uploading, posting, emailing, or otherwise) that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- transmit (by uploading, posting, emailing, or otherwise) any unsolicited or unauthorized advertising (including, but not limited to, advertising for non-NER services or products), promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- transmit any material (by uploading, posting, emailing, or otherwise) that contains software viruses, worms, disabling code, or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
- or share any party’s confidential pricing information.
By transmitting any content (by uploading, posting, emailing, or otherwise) on any NER’s social media sites, you grant to the Company the irrevocable right to reproduce, distribute, publish, and display such content and the right to create derivative works from your content, to edit or modify such content, and to use such content for any NER purpose. Our use of your transmitted content is permitted without approval, notice, compensation, or acknowledgment.
NER permits the sharing of the content from any of its social media sites, but you agree not to use it for personal financial benefit or alter it in any way.
NER reserves the right to remove from our social media sites any content in violation of this Disclaimer or any content that is otherwise objectionable, as well as to take steps to block access to our Sites by any person violating this Disclaimer.
While NER monitors its social media sites, not all comments or private messages will receive a response. We cannot respond to software or tax-related questions through private messages or public comments via our Sites. NER, its affiliates, and its employees do not provide tax advice services. Tax advice should be sought from the IRS. If you have a technical support or product question, please call 800-215-2454 or send an email to email@example.com.
By submitting content to any of NER’s social media sites, you understand and acknowledge that this information is available to the public, and that NER may use this information for internal and external promotional purposes. Please note that other participants may use your posted information beyond the control of NER. If you do not wish to have the information you have made available via this site used, published, copied and/or reprinted, please do not post on this page.
What is a Cookie?
A cookie is a small file that is placed onto your device and that is managed by your browser. Cookies were designed for websites to remember information (such as items in a shopping cart) and enable our sites or services to function. For example, cookies enable us to identify your device and enable you to easily share content on our sites and services and help us serve relevant ads to you.
The Types of Cookies We Use
We use two types: persistent cookies and session cookies. A persistent cookie helps us recognize you as a user. After you sign in, a persistent cookie stays in your browser and will be read by our site when you return to the site. Session cookies only last for as long as the session (usually the current visit to a site or a browser session).
We also have implemented and use Google Analytics Display Advertising, specifically the Demographics and Interest Reporting feature to advertise online, sell advertising, and develop content.
We also may use Adobe Flash, which is another technology that can provide cookie-equivalent functionality. Adobe Flash is capable of storing information on your device (in a file outside of your browser).
How Cookies Are Used for Advertising Purposes
Cookies combined with ad technology such as web beacons, pixels, and anonymous ad network tags help us serve relevant ads to you more effectively. They also help us collect aggregated auditing, research, and reporting for advertisers. Pixels, which are invisible tags placed on our websites, help us understand and improve our service, show you ads, and know when content has been shown to you. Please note that because our pages include advertisements, your web browser may request advertisements and web beacons directly from ad network servers, and these networks can view, edit, or set their own cookies, just as if you had requested a web page from their site.
How You Can Manage Cookies
You can opt-out of Google Analytics for Display Advertising and customize Google’s Display Network ads using Google’s Ad Settings. You can opt-out of Google Analytics by using Google Analytics Opt-out Browser Add-on.
Please note that not all browsers provide the ability to remove Adobe Flash “cookies” (also called “locally stored objects,” or “LSOs”). You can restrict or block Adobe Flash cookies/LSOs through the Adobe website.
As a state-licensed, full-service virtual real estate brokerage software developer, NER is committed to providing a highly secure and reliable software. NER Cloud Office software is built on Amazon Web Services (AWS), which is compliant with a wide variety of industry-accepted security standards. Additionally, our engineers utilize proven and state-of-the-art security technologies and techniques in order to protect all systems, data, and information from unauthorized access in the best possible way.
If you have any questions or need additional information, please write to firstname.lastname@example.org.
What data is stored?
NER stores the following general data that is necessary for the purposes of its electronic tax filing service:
- Account name
- First and last name
- License terms
- Email address
- Phone number
- Social Security number (SSN)
- Employer Identification Number (EIN)
NER does not store bank information or credit card data. NER uses your information to process requests for certain services or information. Providing your information is generally voluntary, but if it is not provided, we might not be able to process your transaction. When information is required, we will let you know before we collect it.
Where is my data stored?
For data storage, analysis, and backups, NER utilizes the preexisting Amazon AWS cloud infrastructure and therefore shares several AWS standards and accreditations. All virtualized servers are run in the US East (Northern Virginia) region.
Among others, Amazon AWS is certified by the following security compliance standards:
Reference: Amazon Security Bulletins
Who has access to my data?
- NER does not share customer data with third parties.
- Administrative access to customer data is restricted to a small number of closely managed NER administrators.
- Access to production systems and data follows the security standard of Least Privilege.
- For debugging purposes, access to affected code lines of an issue can be granted in accordance with the respective customer.
How is my data protected?
- All traffic from and to our service is encrypted using the SSL/TLS protocol.
- We enforce the usage of strong TLS ciphersuites.
- Data within our infrastructure is transmitted via encrypted VPNs.
- All systems are firewalled to a minimal number of access points.
- Only the account owner can access his separated account data by using his private password.
- We enforce a strong password policy.
- Passwords are stored hashed and salted (bcrypt).
- Access to an account is logged, tracked, and audited.
- Brute-force attempts are automatically prevented.
- To complete the login process, an authentication code is sent via SMS to the account holder’s mobile device.
- All operating systems are maintained according to best practices in the industry.
- All recommended patch levels are applied.
- Unneccessary users, services, and components are disabled.
- All systems are constantly monitored.
Secure Data Storage
- Data is stored on a virtualized server on Amazon AWS.
- Source code is stored encrypted using AES-256.
- Code analysis is performed with an isolated and virtual instance that is destroyed after analysis.
- Database backups are stored and transmitted encrypted at all times.
- About NER and How to Contact Us
- Sources of Personal Data
- What Personal Data do we Collect and Why
- Our Use of Personal Data
- Data Retention
- Who Receives Your Data
- Opt-Out of Marketing
- Transfers of Personal Data
- Data Protection Rights
- Data Protection Officer
- Accountability for Onward Transfer
- Our Policy with Respect to Children
- Privacy Shield Policy
- Recourse Mechanism
1. About NER and How to Contact Us
Northeastern Realtors, LLC is the controller of your personal data. We also act as data processor when providing certain services to our clients. If you have any privacy concern or questions about how your personal data is used, please feel free to contact us.
Northeastern Realtors, LLC (collectively “NER”, “we,” or “us”) develops and sells real estate transaction software and provides real estate service to consumers. You can find a list of NER’s products and services at https://nercloudoffice.com.
We operate globally through Amazon cloud service network. The location of our physical office is: 520 Blue Hill Ave, Milton, MA 02186.
We are data controller and data processor
NER is the data controller of information collected through this website or when you otherwise interact with us. There are certain circumstances where our affiliates may also be data controllers or data processors, for instance when you engage us for the provision of services, but we will inform you of these circumstances in advance.
How to contact us
If you want to exercise your data protection rights, have any questions, or need further information about this Privacy notice or the processing of your Personal Data by NER, please contact us by email at email@example.com
- On this Website;
- On our real estate transaction platform https://platform.nercloudoffice.com;
- On our marketing website https://www.nercloudoffice.com;
- On our support website https://support.nercloudoffice; and
- Any other software our staff uses internally within our company.
We are committed to complying with local legal requirements.
- All electronic communications with NER, including visiting our website (‘Website’);
- Personal data we receive from anyone who requests information or otherwise interact with us;
- Job applications with NER;
- Our marketing activities, including events and conferences;
- Our collection and use of information in the normal course of business.
3. Sources of Personal Data
We collect information from different sources depending on the context of your interactions with NER, for instance when you visit our website, when applying for a job position, or when engaging our services.
We collect information and data from you in various ways, including:
Information received directly or indirectly from you:
- Contact and event registration. Information that you provide when you contact us, or for event registration;
- Job applications. When you apply for a job position with NER;
- Business relationships. When you provide or receive services from NER we usually collect information voluntarily from you, or from third parties, with your authorization;
Or from third-party sources:
- Information that we obtain from other third-party sources such as social media sites, company websites, and subscription-based third-party databases such as corporate research databases.
4. What Personal Data We Collect and Why
Depending on the relationship you have with NER and where you are located, we collect and use different types of personal data, according to local laws.
“Personal Data” as used herein means all information that can directly or indirectly identify you or other individuals.
If you choose to submit your contact information to indicate an interest in our services, we receive from you your name, address, telephone number and e-mail address. If you choose to submit your e-mail address to indicate an interest in our electronic newsletter, we receive from you your e-mail address.
This refers to any information that you voluntarily submit to us and that identifies you personally, including contact information, such as your name, e-mail address, company name, address, phone number, and other information about yourself or your business. Personal data can also include information about any transactions, both free and paid, and information about you that is available on the internet, such as from LinkedIn, Twitter and Google.
We may collect personal information about you (such as name, email address, Social Security number or another unique identifier) only if you specifically and knowingly provide it to us. We will use your information to process requests for certain services or information. Providing your information is generally voluntary, but if it is not provided, we might not be able to process your transaction. When information is required, we will let you know before we collect it.
Our websites do not currently support “do not track” settings on your browser or have any similar mechanism that allows you to opt out of or otherwise control the collection of certain information about your online activities. We collect PII and other information only as necessary to administer our programs. The information you provide will be used only for that purpose. We do not sell the information collected at this site or any other information we collect. You do not have to give us personal information to visit our websites.
Technical Usage Information and Analytics
Contact information for Event Registration and to respond to inquiries
We collect your name, email, title, company, postal address, telephone number or other information that you voluntarily choose to provide to us for event registration, or to send you marketing information as requested.
If you do not provide us with all the information requested for event registration, we may not be able to respond to your request or needs.
If you apply for a position at NER, we will collect information such as name, address, telephone number, resume, employment history, education, reference information, salary expectations, work permit/visa requirements, and other information that you choose to provide to us.
When providing names and contact information of third-party references in connection with applying for a position with NER, you represent that you have obtained permission from your references to provide us with their personal information. Any providers we engage during the screening process will be vetted to ensure they have the appropriate privacy and security practices in place.
If you don’t provide us with all the requested information, we may not be able to consider your job application.
Additionally, as permitted by applicable local law and when you authorize us through a separate consent, we will collect special categories of personal data, your social security number, or a consumer report (e.g. background check). Note that we don’t want this information or additional details, like your date of birth and financial information, in your resume.
When we have or are developing a business relationship, we collect contact business information, such as: names, titles, contact information and emails from you (if you are a natural person) or from your employees or representatives, including areas of interest and potential synergies for future projects.
When receiving or providing services, we also collect payment information, conflict checks and credit reference information (including background checks when appropriate and according to local laws).
If you do not provide us with the information required, we may not be able to do business with you.
Information related to the provision of our services
When providing services to clients, in additional to business information we will process different documents that may contain personal data, and special categories of personal data.
The provision of this type of information and consequences are defined on our terms and conditions policies.
We will collect certain information for security purposes in order to verify your authorized access to an account or to reset your password if you cannot access your NER account. Some Services may require added security and you may be asked to provide additional information. The email address and password that you use to sign up for a NER account are your “credentials” that you will use to authenticate with our network. We assign a unique ID number to your credentials to track you and your associated information. NER Services do not allow sharing of accounts between users or individuals.
Information from Other Sources
The information we collect may be combined with information from outside records (e.g., demographic information, navigation information, additional contact information) that we have acquired in accordance with law. For example, if you work at a real estate brokerage firm but we don’t know your title, we may go to the firm’s website or a social media site to confirm your title.
We do not use solely automated decision-making systems.
5. Our Use of Personal Data
The purposes for which we collect and use your personal data may vary depending on the type of relationship you have with us, such as if you are a website visitor, one of our clients, or if you apply for a job position with us.
We collect and use Personal Data collected from you according to the following purposes and legal basis:
When it is necessary for entering into or the performance of a contract:
- We process your job application for employment management and recruitment purposes;
- Compliance with contracts and engagements. We collect personal data to perform our business functions providing tax return submission services to clients, and executing contracts with our providers;
- Billing and payments; we collect data of the appropriate representatives of accounts payable or receivable
To comply with applicable laws:
- To comply with laws such as anti-money-laundering rules, fraud prevention, tax, employment and other relevant national laws;
- Courts, and law enforcement requests. Including disclosures to courts, public authorities and law enforcement;
For our legitimate interests in:
- Responding to inquiries and information requests;
- Providing registration for Events. We collect information necessary for the organization of events, seminars, and publications related to our different practices and services;
- Conducting Marketing activities. Our marketing activities include sending newsletters, updates, and other information and materials related to our services and events that we think will be of your business interest;
- Engaging in Business development. Building business relationships and synergies for future projects with our clients and potential clients, including business strategy decisions;
- Client Administration and management. Consolidating information relating to our clients, potential clients and service providers for the provision of services and for business development purposes;
- Information security. Implementing security measures to protect availability, integrity and confidentiality of information processed by NER, and to prevent and respond to cybersecurity threats and data breaches.
- Defending our interest and legal rights. For instance, to enforce our website terms, policies and contracts with clients and providers; for the establishment, exercise or defense of legal claims;
- Business transfer. Sharing certain personal data in the context of a merger, sale, acquisition, reorganization, dissolution or other change of ownership of control;
We also use your personal data based on your consent, in these cases you can withdraw that consent at any time:
- When appropriate and permitted by applicable local laws we process special categories of personal data based on your explicit consent (for instance when you provide diet preferences or disability-related needs when you register to our events).
- Some marketing activities and events are based on your consent (for instance, when we don’t have a business relationship with you).
6. Data Retention
We retain personal data only for the length of time required to fulfill the purpose for which the data was collected or to comply with legal obligations.
According to our retention policy, we retain Personal Data as necessary for the duration of the purposes outlined in this Privacy Notice and to comply with our legal obligations. The retention period depends on the context in which we process personal data, for instance:
- Career information. We keep your personal data up to 5 years for potential future opportunities unless you request that we delete your information sooner. If you are successful and offered an employment with NER, this information will be retained and transferred to your personnel file and used to manage your employment or other relationship with NER (e.g. to administer benefits, training, performance reviews, regulatory compliance).
- Remaining information. The rest of retention periods are determined by the purposes defined above for which the information is collected and used, for instance when it is necessary to continue providing a service or to comply with our professional obligations, taking into account applicable data protection laws, and legal requirements, including tax and anti-money laundering regulations, that may vary depending on the jurisdiction.
We will delete or block your Personal Data after these retention periods, unless you authorize us to keep it, or when it is necessary to enforce our agreements or resolve disputes.
These storage terms apply unless agreed otherwise in a contract with NER or in locally applicable legislation.
7. Who Receives Your Data
At times, we disclose your personal data to our vendors to help accomplish our business objectives and provide you services. There are other circumstances where we are required by law to disclose personal data to public bodies or judicial authorities.
Information collected may be shared with:
We may share the information we collect about you with our NER affiliates.
The information may be disclosed (i) to provide joint content and our services (e.g. real estate transaction services); (ii) to help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches; and (iii) to guide decisions about our NER services, website, and communications.
Service Providers and Other Third Parties
We may disclose your information to service providers under contract who help with our business operations including, sub-contractors supporting the delivery of professional, technology, or communication services. Any providers or third parties we engage will be vetted to ensure they have the appropriate privacy and security practices in place.
Other Entities with your Consent
We will disclose your information to other third parties to whom you explicitly ask us to send your Personal Data. On this Site, you may have opportunities to express interest in or register for other services such as registering for events and webinars organized by third parties. If you do, we will provide your Personal Data to those third parties, to fulfill your request.
Social media sites
We may disclose your Personal Data as required by law, such as to comply with lawful requests by enforcement and public authorities or courts, when we believe in good faith that disclosure is necessary to comply with such legal process, or to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. We will use reasonable endeavors to notify you before doing so, unless we are legally restricted from so doing.
Change of Control
NER may in the future reorganize or transfer all or part of its businesses, which may result in the transfer of your Personal Data to new NER entities or third parties through which the whole or a part of the NER businesses will be carried out. If NER becomes insolvent, enters receivership or any similar or equivalent event occurs, parts of the business may be sold or transferred to a third party. This change of control may result in the transfer of your Personal Data to a third party that will carry out the business.
8. Opt-Out of Marketing Communications
You can opt-out of your marketing communications anytime.
You can opt-out of receiving our newsletter or other marketing communications by following the opt-out instructions in our commercial e-mails or by contacting firstname.lastname@example.org
9. Transfers of Personal Data
If you are located outside the United States and you interact with our Website or provide NER Personal Data, then your information may be transferred to the United States. Only in certain circumstances, your personal data will be transferred to other jurisdictions. However, we provide appropriate safeguards to ensure the same level of protection of your personal data.
If you are located outside the United States and you interact with our Website or provide us Personal Data, then your information may be transferred to NER or to our third-party service providers located in the United States. In certain circumstances, for instance, when it is necessary for the provision of services, we may transfer your personal data to service providers based in other jurisdictions. In these situations, we ensure compliance with local data protection requirements.
10. Data Protection Rights
If you interact with our Website, reside in these territories or in other locations where similar rules apply NER is committed to facilitate the exercise of your rights granted by the data protection laws of your country of residence.
Your rights under the GDPR consist of:
- The right to be informed;
- The right of access;
- The right to rectification;
- The right to erasure;
- The right to restrict processing;
- The right to data portability;
- The right to object; and
- The rights in relation to automated decision making and profiling.
NER is committed to facilitate the exercise of your rights granted by the data protection laws of your country of residence. Accordingly, some of the rights listed below will only apply in certain circumstances. You can contact us at any time to discuss any of these rights or your privacy concerns at email@example.com
- Right to access, and rectification: we provide you with access to your own personal data where required by applicable law. In addition, we will rectify your Personal Data when we are notified that it is inaccurate.
- Right to object, restriction of processing, erasure and withdraw consent at any time: for all marketing materials, you can opt-out anytime, and free of charge. The right to object for other processing activities, the right of erasure and restriction of processing will be balanced to ensure that these are not incompatible with local laws and regulations or other overriding rights. When we have collected your personal data with your consent, then you can withdraw it at any time.
- Right to data portability: based on your specific situation, we provide you with the right to obtain and reuse your data across different services, including the transfer of your data to you or to another third-party.
- Right to lodge a complaint with your supervisory authority: if you are not satisfied with our response or how we process your personal data you can complain to the data protection authority of your habitual residence.
How to exercise these data protection rights
All these requests should be submitted as follows:
- Opt-out of marketing communications: you can opt-out anytime by following the opt-out instructions in our commercial e-mails or by contacting us at firstname.lastname@example.org
- To exercise the rest of your rights: you should send a communication in writing to email@example.com. NER will attend to your request in a timely manner within 30 days after receiving your request. If for any reason we need to extend this period of time, we will contact you.
- You also have the right to lodge a complaint with a supervisory authority: A list of the European authorities is available here, the contact information of the Federal Data Protection and Information Commissioner of Switzerland is available here, and the Information Commissioner’s Office in the UK is available here.
11. Data Protection Officer
A defined role of Data Protection Officer (DPO) is required under the GDPR if an organization is a public authority, if it performs large scale monitoring or if it processes particularly sensitive types of data on a large scale. The DPO is required to have an appropriate level of knowledge and can either be an in-house resource or outsourced to an appropriate service provider.
Based on these criteria, the Company DOES NOT require a Data Protection Officer to be appointed.
We take commercially reasonable precautions to try to keep all information obtained from you secure against unauthorized access and use, and we periodically review our security measures.
13. Accountability for Onward Transfer
NER will apply the notice and choice principles in providing EUPI collected directly from a EU Person and thereafter provided to a third party. NER is potentially liable in cases of onward transfers of EUPI to third parties. Accordingly, NER will obtain assurances that its agents and subcontractors use safeguards consistent with this Policy.
14. Our Policy with respect to Children
Our services are not directed to children
We do not knowingly collect personal data from children. If a parent or guardian becomes aware that his or her child has provided us with Personal Data without their consent, please contact us at firstname.lastname@example.org
This Policy was last updated on January 16, 2021.
Of Northeastern Realtors, LLC (NER), regarding the software NER Cloud Office
1. Subject Matter
1.1 The subject matter of this Agreement is the use of the software NER Cloud Office by the Customer. This Agreement regulates all relations between NER and the Customer regarding the use of the Software. Conflicting, supplementary or deviating terms of the Customer shall not become an integral part of the agreement unless this is explicitly agreed between NER and the Customer in written form.
1.2 The Software is multi-tenancy web-based real estate transaction platform that may be used by real estate brokerage firms to electronically edit form, eSign, collaborate and automate compliance on a single, streamlined platform.
2. Scope of Services
2.1 NER provides the Software as a service. This means that the Software may be used over the Internet only. The Software will be operated by NER on servers and be made available to the Customer via the Internet.
2.2 The service of NER includes the use of the Software, support, updates and providing the server infrastructure (hereinafter: the Services). NER will take reasonable measures to protect the Services against denial of service attacks and other hacker attacks from outside; given the accessibility of the Services via the Internet it cannot be guaranteed however that these or similar fraudulent actions by third parties will never occur.
2.3 Unless otherwise agreed no consultancy or training is within the scope of the services offered by NER under this Agreement.
3. Concluding of the Agreement
3.1 Using the Services requires the opening of an Account via NER’s website at platform.nercloudoffice.com by registering the Customer with its name,phone number, e-mail address and a valid credit card. In addition the Customer needs to choose a web address name for its own NER access at the website of the Services (hereinafter: the Website). The Account and the Services will be available under this Website.
3.2 The opening of an Account by the Customer is deemed an offer to conclude this Agreement. NER may at its own discretion accept this offer by explicitly accepting it or rendering services under this Agreement. The same applies to the issue of a purchase order by the Customer, a purchase request sent by the Customer via letter, email or fax or the renewal of a contract when registering payment details within the Customer’s Account or at platform.nercloudoffice.com.
3.3 The person opening the account represents that he/she has got the legal authority to bind the legal entity he/she acts for to this Agreement, with respect to NER.
3.4 The Customer gains access to its Account and the Services by logging in at the Website using its password and e-mail address (hereinafter: the Account Data). Once the Customer opened an Account and logged in, it is possible to add further users and set a User Account for each user. This agreement with the Customer applies for each activation of a User Account and the Customer is responsible for any obligations resulting from such activation under this agreement. Each User Account shall be used only by one single person and the Customer is obliged to activate a new User Account for every staff using the Services of NER.
3.5 In connection with the registration the Customer is obliged to
- make precise and correct allegations and to correct the data if changes accrue;
- keep any Account Data and User Account login information confidential at all times and to do everything to avoid any third party getting hold of this information. In this respect ‘third party’ also includes all employees of the Customer that are not designated to use the Services;
- immediately inform NEr and Internal Revenue Service (IRS) in case of loss, theft or other disclosure of the Account Data to a third party or in a suspicion of misuse of the Account Data and to immediately change the password;
- allow the use of the Account Data only designated users added or invited to the Account.
4. Free Trial Period
4.1 If the Customer is explicitly granted a Trial Period for a number of days after the registration NER will provide the Services without any remuneration for the duration of the Trial Period. The Customer shall use the Services during the Trial Period only for the purposes of trying its functionalities and not for operational use. NER may limit the functionality of the Services or restrict provided resources during the Trial Period at its sole discretion.
4.2 After the termination of Trial Period the Services will be disrupted and the Customer’s Account deactivated unless the Customer chooses to continue using the Services for a monthly subscription fee based on a package plan. If the Customer does not submit valid credit card details or arrange for an alternate payment method with NER within three month after the termination of the Trial Period this contract automatically terminates after the Trial Period ends.
5. Obligations of the Customer
5.1 The Customer is obliged to make agreed payments in due time.
5.2 The Customer has to submit valid credit card details or arrange for an alternate payment method with NER.
5.3 To use the Services the customer must use a Web browser NER recommends on its website.
5.4 To use the Services the customer must have a valid real estate license.
5.5 The Customer must not interfere or intent to interfere in any manner with the functionality or proper working of the Services. This includes but is not limited to taking any action that imposes an unreasonable or disproportionately large load on the server infrastructure, e.g. unreasonable amount of server requests or upload of unreasonable volume of data.
5.6 The Customer will indemnify and hold harmless NER, its officers and directors, employees and agents from any and all third party claims, damages, costs and (including reasonable attorney fees) arising out of the Customer’s use of the Services in a manner not authorized by this Agreement, and/or applicable law, or the Customer’s or its employees’ or personnel’s negligence or wilful misconduct.
5.7 In order to limit data loss the Customer is obliged to download backups in regular intervals by using the provided export and backup mechanisms.
5.8 The Customer grants NER the right to include the Customer’s organization name and logo as a customer’s reference on NER’s website and other promotional and advertising materials. Within 10 business days after written request, NER will remove the Customer’s organization name and logo from NER’s website and will cease to include the Customer’s organization name and logo in NER’s other promotional and advertising materials.
5.9 The Customer shall inform NER without delay in case of any occurring fault when using the Services of NER.
6. Downtime, Updates and Services Suspensions
6.1 NER will make every reasonable effort to provide an uninterrupted operation of the Services on a continuous basis. This is naturally confined to services which NER can influence. The Customer recognises that complete, uninterrupted availability of the Services cannot be achieved for technical reasons. Therefore NER reserves the right to limit access to the Services in full or partly due to maintenance work, capacity matters or due to other occurrences that are beyond its control.
6.2 Adjustments, changes and updates of the Services may lead to temporary service suspensions. NER may at its own discretion upgrade the Software to new versions without prior notification of the Customer. When upgrading or updating the Software NER will make sure that the essential functions of the Software do not cease to exist in future versions of the Software.
6.3 The Customer is aware that the Services rely on a working Internet infrastructure. Downtime of the Services can also occur if the website is not available and at any other time with restrictive access to the Internet.
6.4 NER will try to achieve an availability of the Services and its accessibility of 98 per cent in the annual average. Scheduled maintenance times do not count as downtime and are not to be taken into account when measuring availability.
7. Rights to Use
7.1 The Customer is granted a limited, non-exclusive, non-transferable, non-sublicenseable right to use the Software as a service on the Website under the conditions set out in this agreement.
7.2 The Customer is not granted any additional right to the Software or any other intellectual property of NER. This especially means that the Customer shall not be entitled to make copies of the Software. The Customer shall not translate the program code into other forms of code (decompilation) or employ other methods aimed at revealing the Software’s code in the various stages of its development (reverse engineering).
7.3 The Customer is not entitled to remove or make alterations to copyright notices, serial numbers or other features which serve to identify the Software.
7.4 The use of the Services does not result in any loss of ownership of the Customer’s rights on uploaded data. The Customer grants NER a limited and non-exclusive right, which is revocable by the Customer at any time, to use such data for the purpose to provide the Services to the Customer pursuant to this Agreement and within the scope of the Services offered.
8. Billing and Payment
8.1 The Customer will pay to NER the service fees for the Services in the manner set forth in the Order Form.
8.2 NER may alter the current price list and/or the structuring of prices. NER will inform the Customer via email about the price change. If the Customer does not expressly disagree in writing within two weeks from the notification of change this is deemed to be his acceptance of the change. The Customer will be informed about this circumstance in the notification of change.
8.3 The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on NER’s net income). All such taxes will be added to NER’s invoices for the fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid.
8.4 If NER collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if NER prevails in any action to which the Customer and NER are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and NER’s reasonable attorneys’ fees.
8.5 If any check is returned for insufficient funds Company may impose a minimum processing charge of $25.00.
8.6 In the event that any amount due to NER remains unpaid seven (7) days after such payment is due,NER, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
8.7 There may be a minimum $50.00 charge to reinstate accounts that have been suspended or terminated.
8.8 There may be a minimum $35.00 charge for all credit card chargebacks.
8.9 Customer acknowledges and agrees that NER may pre-charge Customer’s fees for the Services to its credit card supplied by Customer during registration for the Initial Term.
8.10 You acknowledge, agree and authorize company to automatically bill and/or charge your credit card additional service in 12 month increments, unless terminated or cancelled by either party as provided in section 12.
9.1 Defects in the Services which have a substantial effect on the ability to run the Software shall be remediated within a reasonable time following a detailed notification of such defect that allows NER to reproduce the defect being given to NER by the Customer.
9.2 For the purpose of remedying defects, NER may choose to replace the defective Software with a version of the Software which is free of defects.
9.3 Unless NER fails to repair or replace the Software, the right of the Customer to terminate the contract due to an inability to use the Software shall be excluded.
9.4 The limitation period for all warranty claims shall be 12 months commencing with the first coming to show of the defect.
9.5 If the availability mentioned in section 6.4 is not met in the average of one calendar year the Customer may as a sole remedy deduct an accordant amount from the remuneration. The proportionate deduction maybe withheld from the next payment due.
10.1 The pre-contractual, contractual and non-contractual liability of NER is limited to cases of intent and gross negligence.
10.2 In cases of ordinary negligence NER’s liability shall be limited to the breach of contractual obligations which are cardinal obligations. Cardinal obligations are those obligations for which due fulfilment is essential to the proper implementation of the contract as a whole, and the contractual partner may depend upon their fulfilment.
10.3 Furthermore, the amount of damages shall be limited to those losses which are generally foreseeable in connection with providing the Services. The amount of damages to be claimed from NER is capped at the amount paid by the Customer for the Service offered by NER within the last 12 month before the damage occurred.
10.4 The liability for loss of data shall be restricted to typical recovery expenses which would have arisen if regular backup copies had been made by the Customer commensurate with the risks associated with the loss of such data.
10.5 The above limitations of liability shall also apply where NER is vicariously responsible for its employees and agents.
10.6 The limitations of liability in this section 10 shall not apply to liability resulting from injury to the life, body or health of a person or under the Massachusetts Law.
10.7 Any claims for damages by the Customer relating to defects in the supplied Software shall be subject to a limitation period of 12 months. This does not apply to defects which have been intentionally concealed by NER.
10.8 NER is not liable for damages resulting from defects of server infrastructure, hardware failure, network outages or any other circumstances out of NER’s control and not directly caused by NER or its employees.
10.9 The liability during the Trial Period is in any case limited to intent and gross negligence.
11. Processing of Data
11.1 If the Customer processes tax returns,the Customer is responsible to create a data security plan using IRS Publication 4557. NER will only process the data transmitted by the Customer as directed by the Customer.
11.2 The Customer agrees to only upload real estate documents when using the Software. The Customer explicitly guarantees not to upload any personal data. NER rules out any and all liability with respect of the disclosure of personal data. The Customer agrees to hold NER harmless from all costs and damages NER may have in connection with the upload of personal data.
12. Term and Termination
12.1 The Agreement runs for an indefinite time and will remain in effect until terminated by one of Parties in accordance with this section 12.
12.2 The Parties may terminate this Agreement for any or no reason at all at their convenience with at least one day notice to the end of each month. Termination must be issued in text form (e.g. letter, email or fax) or by using the provided account closing mechanism, if NER provides one.
12.3 In addition each Party’s right to terminate this Agreement for a good cause remains unaffected. A good cause for termination of the Agreement by NER shall include, but is not limited to, the following:
- a serious breach of the obligations arising from this Agreement by the Customer;
- a default in payment of the Customer with an amount that equals at least the compensation of two months;
- including, but not limited to, the failure to settle outstanding invoices;
- a serious breach of contract leading to the loss of mutual trust or renders the continuation of this Agreement in consideration of the purpose of the Agreement unreasonable;
- an attempt of a denial of service attack on any of the Services by the Customer or any attempt to hack or break any security mechanism on any of the Services;
- determination that the Customer’s use of the Services imposes a security or service risk to NER, or to any user of services offered by NER;
- an application for the initiation of insolvency proceedings concerning the Customer, as well as the refusal to open insolvency proceedings for lack of assets, or the issue of a declaration in lieu of an oath, or any similar proceedings.
12.4 NER may at its own discretion instead also temporarily quit providing the Services until the cause has been remedied by the Customer. In this case the contract shall be deemed on hold until the Customer makes the necessary payments or the contract is terminated. If the Customer does not make payments or enters (new) payment details when explicitly requested to do so this is deemed a termination of the contract by the Customer.
13. Disputes, Applicable Law, Notices
13.1 Most concerns can be resolved quickly and to your satisfaction by emailing our support team at email@example.com. In the unlikely event that our support team is unable to resolve a complaint to your satisfaction after attempting to do so informally, or if we have not been able to resolve a dispute after attempting to do so informally, the only option is to seek settlement of that dispute through mediation. The two parties agree that mediation proceedings are confidential and non binding. The two parties will agree on the mediator that is chosen and this mediator will decide who will be responsible for the mediation costs.
13.2 If the dispute is not settled through mediation within thirty (30) days of the commencement of the mediation proceedings (or such further period as the parties shall agree in writing), the only option is to refer the dispute to and finally resolve the dispute through binding arbitration, instead of in courts. Any arbitration under this agreement will take place on an individual basis; you agree with the Company that class arbitrations and class actions are not permitted. For any non frivolous claim that does not exceed the limits within the Massachusetts Arbitration Limits, the Company will pay American Arbitration Association (AAA) filing, administrative, and arbitrator costs totaling less than $3,000. Moreover, for any non-frivolous claim disputed through arbitration, you are entitled to recover attorneys’ fees from the Company totaling less than $3,000.
13.4 The Federal Arbitration Act governs the interpretation and enforcement of this provision. To all other matters, the arbitrator shall apply Massachusetts laws. We each agree that any and all disputes must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. By entering into this agreement, you agree to arbitration for dispute resolution, and you therefore agree that you and the Company are each waiving the right to file a lawsuit and the right to a trial by jury. In addition, you agree with the Company to waive the right to participate in a class action or litigate on a class-wide basis. You agree with the Company that you have expressly and knowingly waived these rights.
13.5 Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules. You agree that the two parties will agree on the arbitrator that is chosen. Payment of all filing, administration, and arbitrator fees and costs will be governed by the AAA’s rules, except as expressly stated otherwise in this Agreement. If the filing, administration, and arbitrator fees and costs total less than $3,000, the Company will reimburse those fees and costs for claims, unless the arbitrator determines the claims are frivolous. Likewise, the Company will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines the claims or defenses are frivolous. You agree that you or the Company may choose to have the arbitration conducted by telephone or based on written submissions. You agree with the Company that in-person arbitration will be conducted at a mutually agreeable location. You agree not to conduct arbitration via any payment providers or other third parties. If you go outside the aforementioned process for arbitration (including, but not limited to, by using a payment provider for arbitration), all costs incurred are your responsibility. You agree that the decision of the arbitrator shall be final and not subject to an appeal, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. You agree that the U.S. Dispute Resolution Process shall survive expiration, termination, or rescission of this Agreement.
13.6 If you wish to resolve a dispute through mediation, send a letter requesting mediation and describing your claim to: Northeastern Realtors LLC, Attention: Legal Department, 520 Blue Hill Ave, Milton, MA 02186.
13.7 Notices made by NER to the Customer may be posted on the Website, at nercloudoffice.com and/or sent to the email address specified by the Customer when registering or to any updated email address the Customer provides. Notices to TaxTC must be directed to firstname.lastname@example.org and/or Northeastern Realtors, LLC, 55 M Street NE #1114, Washington, DC 20002.
13.8 The official text of this Agreement and any annexes attached here to and any notices given here shall be in English.
14. Final Provisions
14.1 This agreement, together with any documents referred to in it, or expressed to be entered into in connection with it, constitutes the whole agreement between the Parties concerning the subject matter of this Agreement.
14.2 The Customer may set off only legally, binding and recognized claims. The rights and obligations arising from this Agreement are generally not transferable. However NER may transfer this Agreement with all rights and obligations to a company of its choice. If the Customer does not expressly disagree with this in writing within one month from a corresponding notice this is deemed to be his acceptance.
14.3 If any provision of this agreement is or later becomes invalid, or contains omissions, the validity of the other provisions shall remain unaffected. The parties shall agree upon a new provision, which shall resemble the invalid provision as closely as possible in purpose and meaning, to replace the invalid provision. In the event of an omission in the agreement, a provision shall be agreed upon which shall correspond with that which would have been agreed, pursuant to the purpose and meaning of the agreement, if the matter had been considered by the parties when the agreement was formed.
14.4 These Terms of Service may be modified by NER at any time. NER will inform the Customer via email that these Terms of Service have altered without necessarily including the new version or alteration in this email. If the Customer does not expressly disagree in writing within a month from the notification of change this is deemed to be his acceptance of the change. The Customer will be informed about this circumstance in the notification of change.